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Greg's Real Estate Thoughts

• Aug. 2, 2006 - We've Moved!

The main offices of DiSisto Realty, Inc have been moved from Deerfield Beach to Central Florida!  I will be starting a new blog for the new service area and will post a link here when I do. 
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• May. 20, 2006 - Blog Intermission

It looks like my wife and I are agreeable on price and terms with a buyer for our townhouse, so we should be officially "under contract" very soon!  I'll post more about the experience when it's all over.  However, the blog will be in temporary hibernation mode while I concentrate on assisting my current clients as well as getting this transaction closed, finding a new home, and moving.  Although I may post a thought or two from time to time, I will not post with any kind of regularity until I am relocated.  Some will say I've already done that... it's true.  This just makes it official.  :-)

Thank you kind readers!  I'll see you on the other side.


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• May. 3, 2006 - Digital Photography

 

This is a picture of the view from the back of my townhouse, which as you know is for sale.  It is a stitched panaramic of four photos taken with my new Nikon D50 digital SLR camera.  The zoom lens set was set at 18mm (equivelant to 27mm on a typical film camera), which is the widest the lens that came with the camera will go.  You can click on the photo for a slighly larger version. 

 

Thank you for indulging me while I show off my new toy.... er, I mean work tool.  A superwide angle fisheye lens and virtual tour creation software are also on the way.  I can't wait!

_____________

 

Find more information on photography for real estate in these great blogs:

http://lohrman.com/realphoto.htm

http://digitalcameras.realtownblogs.com/

 

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• Apr. 24, 2006 - Electronic Fingerprints for Licensure

Florida real estatate sales associate and broker applicants have been required to submit fingerprints the Florida Department of Law Enforcement and the FBI as part of the application process for a long time now.  But interestingly, the state is now requiring the submission of electronic fingerprints as of July 1, 2006. 

 

More Information Here: http://www.myflorida.com/dbpr/dbpr/electronic_fingerprinting/hot_topic.shtml

 

 

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• Apr. 19, 2006 - How Time Flies

 

Anonymous asked: Here it is April 19 and I wonder, what is going on with Greg?

 

Great question, Anon, thanks for asking!  My wife and I went up north for the Easter Holiday and her parent's 50th anniversary.  We had a great time!   Of course it was colder than we have become used to, but it did get above 60° F every day; and even almost reached 80° once! 

 

We're back, and the house should be back on the market by tomorrow morning.

 

 

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• Mar. 6, 2006 - Getting a Real Estate License

Have you ever wondered how much training one must get in order to become licensed to sell real estate?  If you are thinking about buying or selling property, then as a connected and informed consumer you have a right to know.   Let's explore the licensing requirements here in Florida as found in the typical real estate brokerage.  Remember, license laws vary from state to state, so while there may be many similarities, the information contained here applies only to Florida. 

 

Qualification and Initial Training

 

 Florida has two levels of licensure; "Sales Associate" and "Broker".  Every newly licensed individual begins their career in real estate as a Sales Associate.  A Sales Associate must be 18 or older, have a high school diploma, and not have been convicted of prior dishonest dealings.  Florida also requires an FBI fingerprint card for all license applications, which are sent to the FBI for their approval.

 

For education, Sales Associates must pass a 63 hour class and the state exam; pass another 45 hour post licensing class before the first license renewal; and obtain 14 hours of continuing education every two years thereafter. 

 

Broker applicants must have been active Sales Associates for at least two years and have already passed their 45 hour post licensing class.  Brokers must then pass a 72 hour class and the state exam; pass another 60 hour post licensing class before the first license renewal; and obtain 14 hours of continuing education every two years thereafter. 

 

In Florida Sales Associates are "sponsored" or "employed by" a broker and work under their broker's supervision; while a broker does not need an employing entity.  A broker can work without additional supervision and can be an owner or officer of a real estate company.  Many brokers choose to continue to work under the supervision of another broker and are known as Broker Associates.    

 

What is a REALTORŪ?

 

A REALTORŪ is a licensed real estate sales associate or broker who is a member of the National Association of REALTORSŪ (NAR).  The rules of membership in NAR require members to adhere to a strict code of ethics above and beyond the license laws of most states. 

 

When it comes to buying or selling something as important and valuable as real estate, choose a REALTORŪ- and be sure to ask questions about his qualifications, education, and experience.

 

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• Feb. 25, 2006 - Florida Brokerage Relationships

How do real estate brokers represent consumers in Florida?  Upon initial contact, they probably don't, which is why Florida requires licensees to make following disclosure:

 

You should not assume that any real estate broker or sales associate represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation.

 

Once a consumer makes the decision to hire a broker, depending on the broker's company policy, they may conduct business with that broker under two different brokerage relationships- either as a Single Agent or as a Transaction Broker; or a third option of not engaging in a brokerage relationship at all.    No matter what brokerage relationship is established, if any, Florida law still requires real estate licensees to deal honestly and fairly; disclose all known facts that materially affect the value of a residential property which are not readily observable to the buyer; and accounting for all funds entrusted to the licensee.

 

The "agency" relationship is a favorite discussion topic among real estate professionals, although it's not something that most consumers think about.  And who can blame them!  People just want to sell or buy a house.  But there are differences.  And, as this is likely the purchase or sale of their most valuable asset, informed consumers should know what they are.

 

In brokerage relationships, a broker and all of the sales associates employed by that broker are a single entity.  The agency relationship starts with the employing broker, and obligates every employed sales associate to the same duties and responsibilities. 

 

Agency Relationships

 

Single Agency- The highest form of representation a real estate broker can provide.  This is the traditional relationship, and the one most consumers expect.   It is a full fiduciary relationship, where the broker represents a consumer's best interests exclusively, even above his own, and acts as the consumer's agent.  These duties are required by law:

 

Dealing honestly and fairly; Loyalty; Confidentiality; Obedience; Full disclosure; Accounting for all funds; Skill, care and diligence in the transaction; Presenting all offers and counteroffers in a timely manner, and Disclose all facts that materially affect the value of residential real property and are not readily observable.

 

Transaction Brokerage- A limited form of representation without the fiduciary responsibility to the consumer.  A transaction broker does not represent consumer as their own agent, and the consumer gives up their right to undivided loyalty, obedience, full disclosure, and full confidentiality.  Only these duties are required by law:

 

Dealing honestly and fairly; Accounting for all funds; Using skill, care, and diligence in the transaction; Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer; Presenting all offers and counteroffers in a timely manner; Limited confidentiality; Additional duties entered into by this or a separate written agreement.

 

Florida law recognizes that a fiduciary can not act in the best interest of both sides in a single transaction.  This means a broker who represents a client as a Single Agent can not act on behalf of both the buyer and seller in the same transaction, nor can two different sales associates from the same company.  The legal way to do this is for the broker to be just a Transaction Broker.  Transaction Brokers can facilitate the sale and assist both parties as long as the action of the broker and associates do not act to the detriment of one or the other party.  As was stated above, when agreeing to be represented by a transaction broker, a consumer is agreeing  to a lesser degree of representation.  Their representative can not legally act to take advantage of a negotiating position to one party's benefit if it can be considered detrimental to the other party.   It's fair to both buyer and seller, it's legal, and it's an honest way to conduct business, but each party loses the ability to be aggressively represented. 

 

This is a complicated topic, so if you want more information please feel free to call me to discuss it more thouroughly at 954-692-3456. DiSisto Realty represents our clients at the highest level allowed.

 

How do you want to be represented?

 

Reference:

Florida Brokerage Relationship Laws

 

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Greg DiSisto of DiSisto Realty, Inc. talks real estate. Buying it, selling it, and other local market topics. Located in Deerfield Beach we service from Deerfield Beach/Boca Raton, Pompano Beach, Lighthouse Point, Hillsboro Beach west through all Broward County.

Feel free to call me. 954-692-3456

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